Compliance
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How the role of chief risk officer at banks is evolving
Bank failures last year forced CROs to take on higher corporate profiles and sharpen their skill sets.
By Caitlin Mullen • Nov. 19, 2024 -
Opinion
Strategies for shareholders to compel annual meetings in jurisdictions outside of Delaware
Many states can lack clear precedent regarding enforcement of shareholders’ right to a meeting. Counsel can provide guidance by evaluating their state’s procedural vehicles, the ripeness of the case and the scope of relief available.
By Thomas J. Fleming and Jacqueline Y. Ma • Nov. 15, 2024 -
Trump SDNY pick Clayton led SEC effort to ease IPO rules
The incoming administration says it wants former SEC Chair Jay Clayton to head the U.S. attorney's office in the Southern District of New York, installing someone regarded as a steady hand.
By Robert Freedman • Nov. 15, 2024 -
The legal pathways for Biden-era rules facing a Trump takedown
With the Trump administration expected to undo much of its predecessor’s agency-level regulation, here’s a look at how federal rules may play out in the transition.
By Justin Bachman • Nov. 15, 2024 -
Fannie Mae investigates potential multifamily mortgage fraud
The government-sponsored enterprise admitted in its Q3 report that it had experienced financial losses due to loan misrepresentation.
By Mary Salmonsen • Nov. 14, 2024 -
FTC noncompete ban likely dead under Trump
The president-elect is known to be a user of NDAs that function as noncompetes, and the accounting firm behind the successful court challenge to the ban is a Trump tax adviser.
By Robert Freedman • Nov. 8, 2024 -
Which rule is ‘dead’ and which will go into effect under Trump? Attorneys weigh in.
Three Cozen O’Connor attorneys discuss which widely-watched Biden administration rule is likely to survive — and what’s likely to go nowhere.
By Emilie Shumway • Nov. 6, 2024 -
Justices weigh FLSA overtime exemption burden of proof
A number of federal laws use a preponderance of evidence standard and so should the Fair Labor Standards Act, says the attorney representing the employer in the case.
By David Weisenfeld • Nov. 6, 2024 -
DOJ has received 200 tips since launching whistleblower program
Self-disclosures have picked up, too, doubling since 2021, as part of the agency’s broader corporate accountability push, an agency official reports.
By Robert Freedman • Nov. 4, 2024 -
Zealous advocacy? No, call it lawyer betrayal instead, professor says
Corporate obedience to the law is mandatory, which means aggressive lawyering that aids misconduct should be reframed as client betrayal, a Michigan State law professor argues.
By Justin Bachman • Nov. 1, 2024 -
Warren blasts DOJ over TD settlement
Penalties imposed fell short and prosecutors’ “legal gymnastics” allowed the bank’s “reckless leadership” to skirt responsibility, the Democrat said.
By Caitlin Mullen • Oct. 31, 2024 -
How to navigate new FTC rules banning fake and incentivized reviews
Implementing new policies and training while monitoring outside partners can help operators stay compliant, according to industry experts.
By Leslie Shaver • Oct. 30, 2024 -
Q&A
This lawyer stays close to SEC rules, both as in-house and outside counsel
Investment law specialist Courtney Posner has worked in-house for investment funds and large firms, with a close eye on securities regulators in both roles.
By Justin Bachman • Oct. 30, 2024 -
Boeing monitor will be chosen only on merit, DOJ tells court
Responding to a judge’s DEI query, DOJ and Boeing say their compliance monitor selection will be based on qualifications, and not status in a protected class.
By Justin Bachman • Oct. 29, 2024 -
SEC slaps $4M fine on WisdomTree over greenwashing
The Securities and Exchange Commission is fining the New York-based asset manager for falsely advertising the investment strategy of three funds to have considered ESG factors.
By Zoya Mirza • Oct. 24, 2024 -
TD faces investor lawsuit over AML failures
The lawsuit alleges bank executives minimized the AML issues and made no indication of the severity of the punishment TD faced.
By Gabrielle Saulsbery • Oct. 24, 2024 -
Opinion
Employers must be mindful of salary and duties tests for overtime exemption
To prevent costly consequences, employers must proactively review employee classifications, writes Lee Jacobs, a partner at Barclay Damon.
By Lee Jacobs • Oct. 23, 2024 -
DOJ urged to probe companies’ pixel use
Pixels are poised to become a data privacy nightmare if general counsel don’t ensure disclosures align with their organization’s use of the ubiquitous computer code.
By Robert Freedman • Oct. 23, 2024 -
SEC settles charges with 4 firms it says downplayed SolarWinds hack exposure
The agency alleged Unisys, Avaya, Check Point Software and Mimecast misled investors about the extent of their respective cyber risks.
By David Jones • Oct. 22, 2024 -
New HSR guidelines expected to double merger review time
Even deals that are expected to sail through with little pushback will have to expend more time and money to meet stepped-up requirements, an analysis shows.
By Robert Freedman • Oct. 17, 2024 -
Judge in Boeing 737 Max crash settlement seeks DEI data
The court wants briefs on how diversity programs at Boeing and the Justice Dept. would affect the choice of an outside compliance monitor.
By Justin Bachman • Oct. 17, 2024 -
FTC unveils final ‘click-to-cancel’ rule for consumers
The agency rule targeting recurring payments comes amid a broader effort by the Biden administration to reduce consumer “junk” fees.
By Justin Bachman • Oct. 16, 2024 -
Few companies fight FTC, DOJ over antitrust
Most voluntarily drop or restructure the deal after it’s flagged under Hart-Scott-Rodino review, a report shows.
By Robert Freedman • Oct. 14, 2024 -
Greenwashing cases fall for first time in 6 years, but high-severity filings surge: report
“There's certainly a global undercurrent of ‘greenhushing,’ so companies are being more cautious about how they communicate,” RepRisk’s chief commercial officer said.
By Lamar Johnson • Oct. 10, 2024 -
TD hit with asset cap, $3B in penalties over AML woes
The bank will pay $1.8 billion to the Justice Department, $1.3 billion to FinCEN, and growth will be restricted in the bank’s U.S. retail unit.
By Dan Ennis , Gabrielle Saulsbery • Oct. 10, 2024